United States v. Robinson

FINDINGS OF FACT AND RECOMMENDATION ON PLEA OF TRUE
BEFORE THE UNITED STATES MAGISTRATE JUDGE

KEITH
F. GIBLIN UNITED STATES MAGISTRATE JUDGE.

Pursuant
to 28 U.S.C. § 636(b) and the Local Rules for the
District Court, Eastern District of Texas, the District Court
referred this matter for hearing and the submission of
findings of fact and a report and recommendation pursuant to
18 U.S.C. §§ 3401(i) and 3583(e). The United States
alleges that the defendant, Terrance Dale Robinson, violated
conditions of supervised release imposed by United States
District Judge Sim Lake of the Southern District of Texas.
The United States Probation Office filed its Petition for
Warrant or Summons for Offender Under Supervision (doc.
#2) requesting the revocation of the defendant's
supervised release. The Court conducted a hearing on November
15, 2017, in accordance with Federal Rules of Criminal
Procedure 11, 32 and 32.1. The defendant was present and
represented by counsel at the hearing. Having heard the
evidence, this court factually finds that the defendant has
violated conditions of supervision and recommends that such
violation warrants the revocation of his supervised release.

After
conducting the proceeding in the form and manner prescribed
by Federal Rule of Criminal Procedure11, the Court finds:

a. That the defendant, after consultation with counsel of
record, has knowingly, freely and voluntarily consented to
the administration of the plea of true in this cause by a
United States Magistrate Judge subject to a final approval
and imposition of sentence by the District Court.

b. That the defendant is fully competent and capable of
entering an informed plea, that the defendant is aware of the
nature of the charges and the consequences of the plea, that
his plea of true is a knowing and voluntary plea, not the
result of force or threats, and that the plea is supported by
an independent evidentiary basis in fact establishing each of
the essential elements of the conduct.

STATEMENT
OF REASONS

A.
Procedural History

On
September 23, 2009, The Honorable Sim Lake, U.S. District
Judge of the Eastern District of Texas, sentenced Mr.
Robinson after he pled guilty to 2 counts of aiding and
abetting the possession with intent to distribute 500 grams
or more of a mixture or substance containing a detectable
amount of cocaine, both Class B felonies. Judge Lake
sentenced the defendant to 78 months imprisonment as to each
Count, to be served concurrently, followed by five years
supervised release subject to the standard conditions of
release, plus special conditions to include drug treatment
and a $200 special assessment. On December 30, 2013, Terrance
Dale Robinson completed his period of imprisonment and began
service of the supervision term. On April 4, 2017,
jurisdiction over Mr. Robinson's case was transferred
from the Southern District of Texas under Docket No:
4:08CR00328-017 to the Eastern District of Texas and
reassigned to the docket of the Honorable Thad Heartfield,
United State Judge.

B.
Allegations in Petition

The
United States Probation Office alleges that the defendant
violated a mandatory condition of his supervision as follows:

The
defendant shall not commit another federal, state or local
crime.

Specifically,
on September 20, 2017, Terrance Robinson was convicted of
Possession with Intent to Distribute 50 grams or more of
Methamphetamine in the Eastern District of Texas. Mr.
Robinson was sentenced to 110 months imprisonment, followed
by four (4) years of supervised release.

C.
Evidence presented at Hearing:

At the
hearing, the Government proffered evidence in support of the
allegation in the petition to revoke. The Government
established that on November 22, 2016, Mr. Robinson pled
guilty to the charge of Possession with Intent to Distribute
50 grams or more of Methamphetamine in ...

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